Docket No: 6960-20
Ref: Signature Date                
                                                                                                       
Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 
24 March 2021.  The names and votes of the panel members will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of the Board.  Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy and began a period of active service on 3 October 1985.  On 2 June 1988, you received non-judicial punishment (NJP) for disobeying a lawful order.  On 25 August 1988, you were counseled regarding your retention in naval service following your unauthorized absence (UA), and you were notified further deficiencies may result in the initiation of administrative separation proceedings.  On the same day, you received NJP for UA.  On 15 December 1988, you were counseled regarding your retention in naval service following your misconduct, and you were notified further deficiencies may result in the initiation of administrative separation proceedings.  On 20 November 1989, you were convicted at a special court martial (SPCM) for two specifications of UA, two specifications of missing ship’s movement, wrongful use of methamphetamine, and breaking restriction.  You were sentenced to confinement, forfeiture of pay, reduction in rank, and a bad conduct discharge (BCD).  On 9 October 1990, you were discharged with a BCD, as a result of a court martial conviction.   
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and contention you were discharged with an other than honorable (OTH) characterization of service.  The Board concluded there was insufficient to warrant relief.  Specifically, the Board determined that the record reflects you were discharged with a BCD as a result of a SPCM conviction.  Accordingly, the Board determined that your request does not merit relief.   
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
Sincerely,